Saturday, February 11, 2017

Severe poverty affects brain size, researchers find

Severe poverty affects brain size, researchers find. Study explains poor performance in school, expert says.

BY GUY BOULTON TRIBUNE NEWS SERVICE

A six-year study by researchers at the University of Wisconsin-Madison has added to the mounting evidence that growing up in severe poverty affects how children's brains develop, potentially putting them at a lifelong disadvantage.

The study — which combined the expertise of neuroscientists and economists — found that the parts of the brain tied to academic performance were 8 percent to 10 percent smaller for children who grow up in very poor households.

It was based on a relatively large sample of predominantly white children whose mothers were much more educated than the general population. And the results show a biological link between growing up in extreme poverty and how well children do academically.

"The significance of the study is providing a hard physical link between the experience of growing up in poverty and how well children do on cognitive tests," said Barbara "Bobbi" Wolfe, an economist at UW-Madison and one of the co-authors of the study.

The study, published in JAMA Pediatrics, builds on animal studies and other research suggesting that poverty affects the parts of the brain tied to self-control, attention, planning and other traits important for success in school and life.

The children often receive less nurturing from parents and live in environments characterized by increased stress from crowded housing, instability, poor nutrition, limited stimulation and more exposure to violence.

That children who grow up in poverty do less well in school is well documented. But studies increasingly show that at least part of that overall poor performance stems from how their brains grow and work.

The UW study estimated that as much as 20 percent of the gap in test scores could be explained by slower development of two parts of the brain: the frontal lobe and the temporal lobe.

The frontal lobe is important for controlling attention, inhibition, emotions and complex learning. The temporal lobe is important for memory and language comprehension, such as identifying and attaching meaning to words.

Both areas of the brain develop through adolescence.

"It provides a brain-based explanation for why children living in poverty are not performing academically as well," said Joan Luby, a professor of child psychiatry and director of the Early Emotional Development Program at Washington University School of Medicine. Luby was not involved in the study.

The UW-Madison study was led by Wolfe and Seth Pollak, a professor of psychology and director of the Child Emotion Lab.


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Supreme Court Court Rejects Willy-Nilly GPS Tracking

Supreme Court Court Rejects Willy-Nilly GPS Tracking | WIRED

Supreme Court Court Rejects Willy-Nilly GPS Tracking

The Supreme Court said Monday that law enforcement authorities might need a probable-cause warrant from a judge to affix a GPS device to a vehicle and monitor its every move — but the justices did not say that a warrant was needed in all cases.

The convoluted decision (.pdf) in what is arguably the biggest Fourth Amendment case in the computer age, rejected the Obama administration's position that attaching a GPS device to a vehicle was not a search. The government had told the high court that it could even affix GPS devices on the vehicles of all members of the Supreme Court, without a warrant.

"We hold that the government's installation of a GPS device on a target's vehicle, and its use of that device to monitor the vehicle's movements, constitutes a 'search,'" Justice Antonin Scalia wrote for the five-justice majority. The majority declined to say whether that search was unreasonable and required a warrant.

All nine justices, however, agreed to toss out the life sentence of a District of Columbia drug dealer who was the subject of a warrantless, 28-day surveillance via GPS.

Four justices in a minority opinion said that the prolonged GPS surveillance in this case amounted to a search needing a warrant. But the minority opinion was silent on whether GPS monitoring for shorter periods would require one.

Justice Sonia Sotomayor voted with the majority, but wrote in a separate, solo opinion that both the majority and minority opinions were valid. She also suggested that Americans have more rights to privacy in data held by phone and internet companies than the Supreme Court has held in the past.

"I think it's fair to say, the use of a a GPS device like this requires a warrant where they are tracking him for a long time," Thomas Goldstein, who has argued dozens of cases before the Supreme Court, said in a telephone interview.

The Justice Department maintained it had probable cause in the case, though not a valid warrant. The majority said because of procedural rules, it would not decide whether the "search" in this case required a warrant. "We consider that argument forfeited," the majority wrote.

The Justice Department declined to comment.

Walter Dellinger, the lawyer for the drug dealer who appealed his conviction, said the decision, no matter how disjointed, means "that almost any use of GPS electronic surveillance of a citizen's movement will be legally questionable unless a warrant is obtained in advance."

The justices agreed to hear the case in a bid to settle conflicting lower-court decisions — some of which ruled a warrant was necessary, while others found the government had unchecked GPS surveillance powers. For the moment, the conflict is unresolved and "will take more lawsuits," Orin Kerr, a Fourth Amendment scholar and former Justice Department prosecutor, said in a telephone interview.

One of the Obama administration's main arguments in support of warrantless GPS tracking was the high court's 1983 decision in United States v. Knotts, in which the justices ruled it was OK for the government to use beepers known as "bird dogs" to track a suspect's vehicle without a warrant. In that case, the police had the consent of that truck's owner, which was not the case in the opinion decided Monday, Scalia wrote.

In the Supreme Court case decided Monday, the U.S. Court of Appeals for the District of Columbia Circuit had ruled that the Fourth Amendment rights of suspected District of Columbia drug dealer Antoine Jones had been violated by the month-long warrantless attachment of a GPS underneath his car. The lower court had reversed Jones' conviction, saying the FBI needed a warrant to track Jones.

Scalia's majority opinion, which was joined by Chief Justice John Roberts, and Justices Anthony Kennedy, Clarence Thomas and Sonia Sotomayor, said placing the device on the suspect's car amounted to a search.

In a separate opinion, written by Justice Samuel Alito, and joined by Justices Ruth Bader Ginsburg, Stephen Breyer and Elena Kagan, Alito wrote that Scalia's opinion was "unwise" and said it should have examined "whether respondent's reasonable expectations of privacy were violated by the long-term monitoring of the movements of the vehicle he drove."

"For these reasons, I conclude that the lengthy monitoring that occurred in this case constituted a search under the Fourth Amendment," Alito wrote.  He wrote that the police — to avoid any ambiguity on how long the monitoring must take place to demand a warrant — "may always seek a warrant" to avoid committing wrongdoing.

Justice Sotomayor also wrote separately that "the government usurped Jones' property for the purpose of conducting surveillance on him, thereby invading privacy interests long afforded and undoubtedly entitled to, Fourth Amendment protection."

During oral arguments in the case in November, a number of justices invoked the specter of Big Brother if the police could secretly attach GPS devices on Americans' cars without getting a probable-cause warrant.

The last time the high court considered the Fourth Amendment, technology and privacy in a big-ticket case was a decade ago, when the justices ruled that the authorities must obtain search warrants to employ thermal-imaging devices to detect indoor marijuana-growing operations, saying the imaging devices carry the potential to "shrink the realm of guaranteed privacy."

The Obama administration urged the court to reinstate the conviction and life sentence of Jones, a suspected cocaine dealer whose vehicle was tracked via GPS for a month without a court warrant.

The government told the justices during oral arguments that that GPS devices have become a common tool in crime fighting, saying it is employed "thousands" of times annually.

(This post was updated to reflect that GPS monitoring does not always require a warrant.)

The second of two GPS trackers found on the vehicle of a young man in California. Photo: Jon Snyder/Wired.com


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Appeals Court Curbs Border Agents’ Carte Blanche Power to Search Your Gadgets

Appeals Court Curbs Border Agents' Carte Blanche Power to Search Your Gadgets | WIRED
Via EFF.org 

Appeals Court Curbs Border Agents' Carte Blanche Power to Search Your Gadgets

A U.S. Customs and Border Protection, Border Patrol Agent operates border security mobile equipment. Photo: CBP Photography / Flickr

A federal appeals court for the first time ruled Friday that U.S. border agents do not have carte blanche authority to search the cellphones, tablets and laptops of travelers entering the country — a "watershed" decision in the court's own terms and one at odds with the policies of the President Barack Obama administration.

The ruling by a divided 11-judge panel of the 9th U.S. Circuit Court of Appeals is the most significant privacy decision in the digital age following the Supreme Court's ruling last year requiring authorities to get warrants to place GPS tracking devices on suspects' vehicles. Under Friday's ruling, for the first time digital devices are granted limited relief from the so-called "border search exception" of U.S. law that allows international travelers — including U.S. citizens and their luggage and vehicles — to be searched for any reason as they enter the country.

"A person's digital life ought not be hijacked simply by crossing a border. When packing traditional luggage, one is accustomed to deciding what papers to take and what to leave behind," Judge M. Margaret McKeown wrote (.pdf) for the 8-3 court. "When carrying a laptop, tablet or other device, however, removing files unnecessary to an impending trip is an impractical solution given the volume and often intermingled nature of the files. It is also a time-consuming task that may not even effectively erase the files."

In dissent, Judge Milan Smith wrote that the ruling opens the nation's borders "to electronically savvy terrorists and criminals who may hereafter carry their equipment and data across our borders with little fear of detection."

The President George W. Bush administration first authorized the suspicionless, electronics search rules in 2008. The Obama administration followed up with virtually the same rules a year later. Between 2008 and 2010, 6,500 persons had their electronic devices searched along the U.S. border, according to Department of Homeland Security data.

The decision brings to light the friction between the reality that electronic devices have become virtual extensions of ourselves housing everything from e-mail to instant-message chats to photos and our papers and effects — juxtaposed against the government's stated quest for national security.

The DHS's civil rights watchdog, for example, last month reaffirmed the Obama administration's position that travelers along the nation's borders may have their electronics seized and the contents of those devices examined for any reason whatsoever — all in the name of national security.

The San Francisco-based appeals court said that view was too extreme. Under the ruling, border agents may undertake a search of a gadget's content on a whim, just like they could with a suitcase or a vehicle. However, a deeper forensic analysis using software to decrypt password protected files or to locate deleted files now requires "reasonable suspicion" that criminal activity is afoot. The court left rules intact that a "manual review of files on an electronic device" may be undertaken without justification.

"The nature of the contents of electronic devices differs from that of luggage as well. Laptop computers, iPads and the like are simultaneously offices and personal diaries. They contain the most intimate details of our lives: financial records, confidential business documents, medical records and private emails," McKeown said.

The case concerned a California man who, in 2007, crossed the border from Mexico at the port of entry in Lukeville, Arizona. He was immediately flagged by border agents because he was convicted of child molestation and other charges years earlier.

The authorities searched his two laptops and three digital cameras, finding family pictures and other harmless photos.

But agents took his devices to Tucson, some 170 miles away, to perform forensic analyses. Dozens of child pornography pictures were discovered that defendant Howard Cotterman allegedly deleted or had stored in encrypted, password-protected folders.

A federal judge had tossed the evidence, saying the authorities lost the right to examine the gadgets because they removed them from the border area. A three-judge panel of the same circuit ruled in 2011 that taking the gadgets to Tucson didn't matter, and reinstated the evidence.

But the nation's largest appeals court agreed to rehear the case with 11 judges. In Friday's ruling, the majority concluded that it did not matter that the gadgets were ferried to Tucson. Instead, what mattered was whether the government had a willy-nilly rationale to perform a forensic analysis on them.

The court noted that no reason was needed to manually inspect the content of a gadget. But a forensic examination required a "reasonable suspicion."

While the decision seemingly bolsters the digital rights of travelers, the court's pronouncement of reasonable suspicion did not sit well with Michael Price, the counsel for the Liberty & National Security Program of the Brennan Center for Justice at New York University.

The court found enough "reasonable suspicion" based on the facts that Cotterman was a convicted sex offender and frequently traveled to Mexico, a known destination for sex tourism. What's more, adding to reasonable suspicion, under what the court labeled as the "totality of the circumstances," was the fact that some of the files on one of the laptops were password protected.

"We really didn't think there was any reasonable suspicion for the forensic examination," Price said.

Still, he added that the decision was a good one overall in the digital age.

"This rule is really designed for electronic border searches and the fundamental difference between our briefcase and your laptop: The idea that you can hold your entire life in your laptop, not your briefcase," he said. "That is something the 9th Circuit is saying is recognized by the Fourth Amendment."

Smith, who wrote the dissent, said the government should always be allowed to forensically examine seized gadgets at the border, regardless of how reasonable suspicion is defined.

… the majority again seeks to whittle away at the border search exception, this time by conjuring a reasonable suspicion requirement for border searches that employ computer software to search an electronic storage device. Why the use of computer software to analyze a hard drive triggers a reasonable suspicion requirement while a 'manual review' of the same hard drive requires no suspicion, is left unexplained. Although technology may serve as a useful proxy for the intrusiveness of a search today, in the future even cursory searches might be more efficiently conducted by the use of such technology.



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Friday, February 10, 2017

Security risk for sources at U.S. Border Agents - Committee to Protect Journalists

Security risk for sources as U.S. border agents stop and search journalists - Committee to Protect Journalists

Security risk for sources as U.S. border agents stop and search journalists

Travelers wait for a security check at Ronald Reagan Washington National Airport in November. Journalists traveling to the U.S. can face searches that can risk the confidentiality of their sources. (Alex Wong/Getty Images/AFP)
Travelers wait for a security check at Ronald Reagan Washington National Airport in November. Journalists traveling to the U.S. can face searches that can risk the confidentiality of their sources. (Alex Wong/Getty Images/AFP)

French-American photojournalist Kim Badawi did not go home to Texas for Thanksgiving this year. He didn't want to risk a repeat of November last year, when he says U.S. border security detained him at Miami airport and interrogated him in minute detail about his private life, political views, and journalistic sources.

Badawi, who had traveled to Miami from Rio in Brazil, where he is based, said he watched as border agents pored over his private photos and WhatsApp messages, and asked detailed questions about his travel. He said he objected when an agent read WhatsApp messages sent to him by a source, a Syrian refugee living in Brazil. Badawi, whose work has appeared in The New Yorker, The Wall Street Journal, and Le Monde, says he told the officers they should call his editors, but that his request was ignored.

"I sat as the so-called immigration police, or Homeland Security agents, rifled their way through the past 10 years of my contacts, professional conversations, and private ones. Having to account for every post, utterance or other person's internet rant, the fragility of freedom begin [sic] to dawn on me," Badawi wrote in a piece published on Huffington Post.

Customs and Border Protection spokesperson Carlos Díaz told CPJ he was unable to comment on specific cases but said officers strictly adhere to all constitutional and statutory requirements when carrying out border searches.

Journalists traveling to the U.S. can face prolonged stops as well as searches that can risk the confidentiality of their sources. The ACOS Alliance, a coalition of news organizations, journalists, and press freedom groups that includes CPJ, are aware of at least seven instances in which journalists say U.S. border and customs agents stopped them for a prolonged period and asked to search their electronic devices.

CPJ's Emergencies Response Team released an advisory today with information for journalists planning to cross the border, including what to expect and how to secure their electronic devices.

Isma'il Kushkush, a former acting bureau chief of the New York Times in East Africa and International Center for Journalists fellow, told CPJ he constantly worries that he will be stopped. He said it has happened five times in the past three years, with interrogations that last two to three hours. In January, border agents searched his electronic devices and questioned him about reporting on refugees in Sweden that he did as part of his Masters at Columbia School of Journalism, he said.

"Do I want to interview a person or not if that interview could become problematic at the border? It's concerning that I could become a source for law enforcement if they take my information and contacts," Kushkush said.

The U.S. Customs and Border Protection and Immigration and Customs Enforcement agencies say that they have authority to search the electronic devices of any individuals entering the country. The Supreme Court has not ruled on such searches, but it has upheld the so-called "border search exception" to the Fourth Amendment's requirement that authorities obtain a warrant to search items coming into the U.S.

Customs and Border Protection spokesperson Díaz told CPJ, "All international travelers arriving to the U.S. are subject to CBP inspection. This inspection may include electronic devices such as computers, disks, drives, tapes, mobile phones and other communication devices, cameras, music and other media players and any other electronic or digital device."

Many privacy advocates argue that there is a big difference between searching a suitcase to ensure that it doesn't contain weapons or contraband, and searching through someone's private messages on their phone or laptop.

"Smartphones and other electronic devices contain troves of personal data that can be used to construct detailed pictures of the most intimate aspects of our lives. The government claims the authority to search and copy the contents of those devices at the border with no warrant or suspicion of wrongdoing," said Hugh Handeyside, an attorney with the American Civil Liberties Union. "That places at risk the vital privacy interests of hundreds of millions of citizens and visitors who cross the U.S. border each year."

In 2013, the 9th Circuit appeals court ruled, in a divided decision, that border agents cannot engage in a deep forensic search of electronic devices--allowing them to use software to unlock password protected files, for example--without reasonable suspicion, according to Wired.

The American Civil Liberties Union says travelers are sometimes asked to unlock their phones or provide laptop passwords. "Whether you have a right to decline to provide this information is a contested legal issue. The extent to which officers have the authority to search or copy files in your electronic devices without any reasonable suspicion that the devices contain evidence of wrongdoing is also a contested issue," the group's website says.

Handeyside is representing the award-winning Canadian photojournalist Ed Ou, who says he was detained for six hours on October 1 and interrogated, before being denied entry to the U.S.

Ou, who was on his way to cover the Dakota Access Pipeline protests for the Canadian Broadcasting Company, said that agents read his journal and briefly confiscated his electronic devices. He said he refused to give them the passwords, but that he is worried they removed the SIM cards. He told CPJ he repeatedly tried to tell the four customs agents questioning him that he was a journalist. When he offered to put them in touch with his editors and show his credentials, Ou said they told him they already knew he was a journalist.

Ou, who has worked for years in the Middle East, said he has been subjected to this type of surveillance and harassment before. He once even swallowed a SIM card to protect his sources when he was arrested in an authoritarian country, according to an account he wrote in Time.

"Journalists shouldn't have to make a calculation about whether they can risk giving up their sources," Ou told CPJ. "I always thought I'd have to fight for the rights of journalists abroad. I never thought I'd have to do it here in the U.S. or Canada."

A 2009 internal resolution from the Customs and Border Protection requires agents to consult legal counsel if an individual objects to a search on the grounds of protecting privileged legal material that could implicate someone in a crime. But the directive does not provide the same protection for journalists.

The Department of Homeland Security did not respond to CPJ's request for comment about whether the directive is still in force and whether there are any additional policies regarding sensitive material.

"When countries like the U.S. do this, it sets a precedent around the world that endangers journalists," Ou told CPJ.

When he tried to renew his visa to Turkey December last year, Ou said a consular officer in Tel Aviv told him he was banned. This week, the Turkish government issued a press release defending its own human rights record by arguing that Europe and the U.S. also violate press freedom--and citing how Ou was denied entry into the U.S.

"I'm still banned in Turkey. I didn't know whether to laugh or cry," Ou said.



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Invasive Digital Border Searches: Tell EFF Your Story

Invasive Digital Border Searches: Tell EFF Your Story | Electronic Frontier Foundation
To be continued... 




Invasive Digital Border Searches: Tell EFF Your Story

A border agent holds up a smartphone, turning the screen red.Following President Trump's confusing executive order on terrorism and immigration, reports surfaced over the weekend that border agents at airports were searching the cell phones of passengers arriving from the Middle East, including U.S. permanent residents (green card holders). We're concerned that this indicates an expansion of the already invasive digital practices of U.S. Customs and Border Protection (CBP), which is why we're asking for your digital border search stories.

CBP has for some time now had a practice of demanding from both Americans and foreigners social media information and access to digital devices, which store on the devices themselves highly personal information and communications or link to cloud-based apps with equally sensitive data.

Last week, for example, we wrote about complaints by Muslim American citizens that CBP accessed public posts by demanding social media handles, and potentially accessed private posts by demanding cell phone passcodes and perusing social media apps. Border agents also allegedly physically abused one man who refused to hand over his unlocked phone.

CBP has also searched or attempted to search the digital devices of journalists, including a Wall Street Journal reporter who is an American citizen. Other Americans are also subject to seizure and search of their digital devices at the border, including one Iranian-American dual citizen who was returning to the U.S. from vacation to Niagara Falls and on whose behalf we wrote an amicus brief.

Last fall, we submitted comments to CBP opposing a proposal, which was approved in December before President Trump took office, to ask foreign visitors from Visa Waiver Countries voluntarily to disclose their social media handles. And CNN reported recently that the Trump Administration is contemplating requiring all foreign visitors "to disclose all websites and social media sites they visit, and to share the contacts in their cell phones."

Given these recent developments, we're worried that the invasiveness and frequency of device searches and investigations into the digital lives of travelers are increasing.

As part of our work to combat what we believe to be unconstitutional practices at the border, and to better understand how the Trump Administration's new policies may be changing border practices, we would like to hear your stories.

Please let us know if a U.S. official at the border examined your cell phone, laptop, or other digital device; asked for your device's passcode or ordered you to unlock or decrypt it; or asked for your social media handles.

We would like to hear from everyone, but especially if you are a citizen or permanent resident (green card holder) of the United States.

Please tell us:

  • Your legal status in the U.S. (citizen, permanent resident, visa holder).
  • What airport or border crossing you were at.
  • What devices you had with you.
  • What border agents specifically demanded (including social media handles and passcodes) or what they specifically looked through.
  • Whether border agents recorded any information.
  • Whether border agents stated or suggested that compliance with their demands was voluntary or mandatory.
  • Whether border agents threatened you in any way.
  • Whether border agents stated any reasons for their demands.

You can write to us at borders@eff.org. If you want to contact us securely via email, please use PGP/GPG. Or you can call us at +1-415-436-9333.



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